Every Child Has an Equal Right to Education

“The right to a public education in California is a fundamental right fully guaranteed and protected by the California constitution. The California Legislature has enacted numerous laws designed to promote equality in educational opportunities and to safeguard students against discriminatory practices in public schools.” CA Department of Justice Civil Rights Handbook.

No child or group in California has ever been denied access to public school based on beliefs, until now.

To Deny Public School Because of a Person’s Set of Beliefs or Ideas Violates the California Code of Education

Education Code Sections 51500, 51501, and 60044 prohibit any school activities, instructions, or materials which reflect adversely upon any person because of creed, color, or national origin.

Creed is defined by Merriam-Webster as “an idea or set of beliefs that guides the actions of a person or group.” Some families hold to the philosophical or religious belief that vaccination is a complex medical treatment that should be individualized or isn’t right for their children. This is their creed, and the State of California gives creed the same weight as race and national origin.

What’s more, Education Code Section 35351 prohibits a public school from requiring a student to attend a particular school because of his race, creed, or color. This means that the public school system cannot insist a child attend a particular school based on creed, which includes forced homeschooling, just as this cannot be done because of race or skin color.

California Denied School Entry Based On Nationality Once, and Vowed Never Again

Education Code Section 13000, California Civil Liberties Public Education Act, “Ensures that the events surrounding the exclusion, forced removal, and internment of civilians and permanent resident aliens of Japanese ancestry during World War II will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood.” This code was added so that no group of children would ever be excluded from school again over a fear that they were dangerous to society.

Children Cannot Be Denied Access To Public School Because of Religious Beliefs

California Education Code Section 200 prohibits discrimination in education based on sex, ethnicity, race, national origin, religion, and mental or physical disability. Children cannot be denied admission to public school based on their religious beliefs or practices. Some citizens have religious objections to particular vaccines because of certain ingredients such as aborted fetal tissue. Additionally, some religions, like Christian Science, do not utilize traditional medicine or obtain vaccinations; instead, they rely on faith-based healing, as is their right to freely practice their religious beliefs.

Laws which remove children from school based on personal, medical, or religious beliefs violate your constitutional and educational rights.